Former officer-in-charge of Motijheel Police Station AKM Rafiqul Islam and two others were condemned to death yesterday for killing Kamrul Islam Momin, a student of Dhaka Commerce College, in September 2005.
Judge Mohammad Rezaul Islam of the Speedy Trial Tribunal-4, Dhaka, also passed life term imprisonment on six people in the case.
The OC and his goons Tareq alias Zia and Shakhawat Hossain Jewel were given death penalties while the six other accused-- Habibur Rahman Taj, a top listed criminal; "Thot Ucha" Babu, Mohammad Zafar, Mohammad Sharif Uddin, Monir Howlader and Hasibul Haq Jony-- were awarded life term imprisonment.
Rafiqul, Taj and Babu were present in the courtroom yesterday. The others went into hiding after obtaining bail from different courts.
Momin, 22, was shot dead in front of his Ibrahimpur residence in the city on September 13, 2005.
During the verdict, the judge pointed out that the Criminal Investigation Department had not mentioned Rafiqul's name in the first charge sheet, which made their investigation questionable.
The punishment of the fugitives will be effective from the day of their arrest or surrender and the convicts with death sentence can appeal against the judgement with the higher court within 30 days upon receipt of the judgment copy, the judge said.
The victim's four brothers---Saiful Islam, Shamsul Islam, Enamul Islam and Nazrul--and three sisters--Farzana Akhter, Shahana Akhter and Shuhana Akhter-- at the court expressed their satisfaction over the judgement.
Rafiqul was sent to jail on October 16, 2005 after he surrendered to a court seeking ad interim bail in the case.
According to the prosecution, Rafiqul and Momin's families have two adjacent pieces of land. Momin's family erected a boundary wall around their land, which angered the OC.
Rafiqul had an intention to encroach on the neighbour's land, says the case statement. He hired a group of miscreants to break down the boundary wall.
Momin took a snap of Rafiqul and his accomplices breaking the boundary wall. Enraged, Rafique threatened Momin and his family members.
Later, a group led by Jewel and Tareq, on instructions of Rafiqul, killed Momin, the prosecution added.
Following the incident, Momin's father Abdur Razzak filed a case against the OC and 25 others with Kafrul Police Station.
But CID and Detective Branch of police after their enquiry into the matter submitted a charge sheet, dropping the name of Rafiqul. They said the charge brought against him was not proved.
Then a metropolitan magistrate conducted a judicial inquiry and included the OC' name in the charge sheet.
The court framed charges against the nine accused on October 5, 2009.
Special Public Prosecutor SM Rafiqul Islam and advocates Syed Mizanur Rahman and Habibur Rahman Shawkat appeared for the state while Mahboob Ahmed and Saidur Rahman Manik defended the accused.
Meanwhile, a Dhaka court on January 30 cancelled division facilities for Rafiqul in jail when it was proved that he had obtained the facility by forging a court order with the help of an administrative officer of the Dhaka Metropolitan Sessions Judge's Court. He was enjoying the facility since July 2009.
The administrative officer had sent a forged copy of the court judgment to the jail authorities. The court had not ordered any division facility for Rafiqul and there is no such privilege for a former OC.
The court earlier also requested the metropolitan sessions judge to take necessary action against the then administrative officer Abu Al Hossain who allegedly supplied the forged court order.
Source : The Daily Star